389.100. Prohibited acts. (a) The following acts are not allowed in the city
and the
causing thereof are prohibited:


Our council members might want to take a look at the state and federal level laws regarding safe transport of refrigerated foods, rest time for drivers, and the Americans with Disabilities Act, etc. before they pass such poorly planned laws that would largely be preempted.


(7) Idling of Buses, Trucks, Tractors, Truck-tractor, Trailers and
Semitrailers,
as those terms are defined in Minnesota Statute 168.011, while stopped,
standing or parked in a residentially used area between the hours of 10:00
p.m. and 6:00 a.m. except as provided for under permit in section 389.70,
in compliance with traffic signals or signs, at the directions of a police
officer or while buses are in the act of loading or unloading passengers.

For a start, our Council Members might wish to note that it is a violation of state and federal laws as well as the laws of common sense to operate a commercial vehicle with windows so fogged up or frosted over as to impair visibility. Thusly the Council's anti idling ordinance is preempted and pretty much goes up in smoke for most of the winter as drivers must often idle engines to get them warm enough to clear windows. The Council Members also seem unaware that many elders and people with disabilities have difficulty physiologicly coping with extreme heat and cold. It is thusly neccessary and required by the Minnesota Human Rights Act and the ADA that Metro Mobility, Metro Transit, and other transit and paratransit providers idle vehicles so they are not so cold or hot as to threaten the health or life of passengers with disabilities. Our upstart council is reminded that even Metro Transit preempts them and thus another chunk of their anti idling ordinance goes up in smoke.


(8) Operation of a mobile refrigeration unit while stopped, standing or
parked
outside of an insulated building in a residentially used area between the
hours of 10:00 p.m. and 6:00 a.m.

One would have thought that such passionate devotes of Latte's and organic foods as our Council Members would have researched the consequences of their ordinating more fully. Mobile refrigeration units have enough power to keep foodstuffs cool, but not enough to cool foods from room temperature or even an empty trailer on a hot summer day. Suffice to say, if you put 40,000 pounds of 40 degree milk in a 20,000 pound trailer that's been sitting all day in 100 degree heat you'll end up with 60 degree milk, which can be much worse for your health than a bit of engine idling. I won't even get into the multi million dollar liability suits possible when a dairy or other food producer is forced by our Council Member's new anti idling ordinance to deliver spoilt food and a few thousand people get very sick from same. That's why there are a bunch of state and federal laws and regulations requiring the maintainance of steady cool temperatures from plant to store shelves. To keep those foods safely and continuosly cool requires running refrigeration units continuosly at times. Thusly any responsible carrier of refrigerated food will defy our Council's ordinance.


Our Council Members not having included a severability clause in their ordinance their whole poorly researched mandate pretty much is toast. If they want a law worth the bother of enacting they need to go back to the drawing board and listen to the folks who know trucks, refrigerated food safety, disabled folks, etc..

        not holding my breath in Hawthorne,

                Dyna Sluyter
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